A war of words ensued on Twitter after Thirdway Alliance Party leader Ekuru Aukot and former Chief Justice Willy Mutunga clashed.
The two who are lawyers by profession had a heated exchange after Aukot made remarks that did not augur well with the former CJ.
"Wasting time of Kenyans on a frivolous lawsuit or petition should be criminalized," Aukot tweeted in an apparent response to a petition filed by Azimio la Umoja One Kenya flagbearer Raila Odinga.
In a rejoinder to the comments, the former CJ poked holes into them apparently to question his role in the making of the 2010 constitution.
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"Says the former secretary of the committee of experts that gave us the 2010 constitution. What a pity. Greatly misguided. A petition needs a remedy. How can that be criminalized? Smacks of fascism," Mutunga responded.
Mutunga went on to say that the 2010 constitution provided an avenue for election petition so that those who feel aggrieved can have their matters solved.
"You have not addressed the criminalization! And I don’t know which provision of the Constitution decrees that Kenyans cannot file petitions however frivolous. It’s the Supreme Court that will decide if they are," Mutunga added.
The clash comes even as 8 presidential petitions have been filed at the Supreme Court of Kenya challenging the declaration of William Ruto as the President-elect.
The petitions are set to be heard and be determined within 14 days.
The verdict will be made on September 15.
